Citation Nr: 9820309
Decision Date: 07/01/98 Archive Date: 07/13/98
DOCKET NO. 96-38 616 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Chicago,
Illinois
THE ISSUE
Entitlement to service connection for a left ankle disorder.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
D. S. Nelson, Associate Counsel
INTRODUCTION
The veteran served on active duty from June 1973 to August
1977.
This matter comes before the Board of Veterans’ Appeals (BVA
or Board) on appeal from a March 1996 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Chicago, Illinois, which denied (in part) the benefit sought
on appeal
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that the left ankle disorder he is
seeking to have established as service connected is the
result of an injury that he was treated for in service in
1977.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991 & Supp. 1998), has reviewed and considered
all of the evidence and material of record in the veteran's
claims file. Based on its review of the relevant evidence in
this matter, and for the following reasons and bases, it is
the decision of the Board that the evidence supports the
claim for service connection for a left ankle disorder.
FINDING OF FACT
There is medical evidence of a nexus between a current left
ankle disorder and active service.
CONCLUSION OF LAW
The veteran's left ankle disorder was incurred in active
service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991);
38 C.F.R. §§ 3.102, 3.303 (1997).
REASONS AND BASES FOR FINDING AND CONCLUSION
As a preliminary matter, the Board finds that the veteran’s
claim is well-grounded within the meaning of 38 U.S.C.A.
§ 5107(a); Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990).
That is, the Board finds that the veteran has submitted a
claim which is plausible when his contentions and the
evidence of record are viewed in the light most favorable to
the claim.
The law provides that a veteran is entitled to service
connection for a disease or injury incurred or aggravated
while in service. 38 U.S.C.A. §§ 1110, 1131 (West 1991);
38 C.F.R. § 3.303 (1997).
The veteran’s service medical records show that in April 1977
he presented for treatment and complained of pain in his left
ankle. He indicated that he had twisted his left ankle
earlier that day. The impression was left ankle sprain.
Later in April 1977 the veteran's left ankle was placed in a
short leg walking cast after he was assessed with severe
ankle sprain. Upon removal of the cast in May 1977, the
veteran's left ankle demonstrated full range of motion and
mild swelling with tenderness. A week after removal of the
cast the veteran reported no complaints associated with his
left ankle. The veteran's lower extremities were reported as
normal on his August 1977 separation physical.
The veteran underwent a VA examination in January 1996. The
veteran's service ankle injury was noted and there were no
references to any post-service trauma-related injuries. The
veteran made complaints of pain and swelling in his left
ankle and stated that he twisted it about four times each
month. Physical evaluation revealed laxity in the ankle.
The diagnosis was significant post-traumatic ankle
instability. It was noted that the ankle was chronically
unstable.
Private medical records dated in April 1996 reflect treatment
for the veteran's left ankle disorder. The veteran indicated
that he had experienced left ankle pain since injuring his
ankle in service.
On his August 1996 substantive appeal the veteran indicated
that his ankle pain had chronically worsened. He indicated
that records were no longer available from a private
physician that had treated his left ankle condition after
leaving service. He stated that the physician had retired
and he did not know his current location.
After a careful review of the evidence, and resolving all
doubt in the veteran's favor, the Board finds that a grant of
service connection for a left ankle disorder is warranted.
The veteran has indicated that he has experienced ankle pain
ever since his injury in 1977. Through no fault of his own
(i.e., his physician's retirement) he was unable to procure
records showing treatment shortly after service that would
have certainly strengthened his claim by further evincing
continuity of symptomatology.
The Board notes that the January 1996 VA examiner reported a
diagnosis of significant post-traumatic ankle instability.
There has been no report or evidence of any additional trauma
to the veteran's ankle other than the trauma suffered during
active service. In this regard, the Board finds that the
examiner's diagnosis of a “post traumatic” ankle disorder
in essence provides a medical link of causation between the
veteran's current disorder and his active duty service.
Accordingly, service connection for a left ankle disorder is
warranted.
ORDER
Service connection for a left ankle disorder is granted.
RAYMOND F. FERNER
Acting Member, Board of Veterans' Appeals
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991 & Supp. 1998), a decision of the Board of Veterans'
Appeals granting less than the complete benefit, or benefits,
sought on appeal is appealable to the United States Court of
Veterans Appeals within 120 days from the date of mailing of
notice of the decision, provided that a Notice of
Disagreement concerning an issue which was before the Board
was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act,
Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). The
date which appears on the face of this decision constitutes
the date of mailing and the copy of this decision which you
have received is your notice of the action taken on your
appeal by the Board of Veterans' Appeals.
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